Questions emerge over water partnership legislation

By Susan Vaughn

Tuesday

Sep 4, 2018 at 9:45 AMSep 4, 2018 at 10:32 AM

The Dennis selectmen and finance committee Tuesday, Aug. 28 reviewed for the first time a draft of special legislation that would create the Dennis Harwich Yarmouth Clean Waters Community Partnership, but they held off on approving it. Finance committee members raised concerns about the towns’ lack of financial oversight on the commission that would be formed for the partnership.

Town Counsel John Giorgio outlined the legislation, which he said is intended to set up a financing structure to ensure the partnership’s independence from the towns. The legal counsel at the state Legislature has reviewed the proposal, which needs the approval of all three towns before it can go back to the Legislature for a vote.

Harwich selectmen also held off on approval last week, awaiting a decision from Dennis, Giorgio, who also is Harwich town counsel, said. David Young, the town’s consultant on the future joint sewer project, said that Yarmouth selectmen had reviewed the draft and were willing to support it but had not taken a final vote.

“The legislation has been reviewed. I believe it can get passed this fall,” Young said, but if changed, he said it wouldn’t go to the Legislature until spring.

The process toward the three-town sewer district started in March 2017 and a subcommittee of members from each town has been meeting to work out the details of the partnership. All three spring town meetings voted to proceed with the special legislation to create the entity.

Once the legislation is approved, the three towns will negotiate an agreement where most of the details of the new operation would be worked out, including setting up a governing commission, Giorgio said. The agreement would need approval at the individual town meetings.

Finance committee Chairman James Plath agreed that the town needs to move forward on the partnership but he is concerned about setting up an entity of the state with no financial oversight by the town that would have “unlimited bonding authority.” Plath suggested a district-wide meeting be inserted in the legislation to act on the financial issues

Giorgio said there is no process in the current legislation for a three-town meeting, only for separate town meetings. If the towns want that, it would have to be in the special legislation, he said.

Young noted that the people appointed to the commission would be town professionals such as water commissioners who are appointed by the selectmen. Selectwoman Sheryl McMahon said the commission would have limitations because of the bonds it would have to raise, but suggested the town could set a limit on the amount of borrowing as part of the agreement.

Diane Chamberlain, chairwoman of the wastewater implementation committee, urged the town boards to move forward with the legislation. “The major part will be hammered out in the agreement,” she said. She suggested the boards could invite members of the Mansfield, Foxborough, Norton (MFN) Regional Wastewater District to speak to them about the special legislation, which the DHY plan is based on.

“The agreement will come back to town meeting. Nothing obligates the member towns,” Chamberlain said. “Every citizen will have a say,” she said after Peter McDowell of the finance committee strongly questioned the loss of financial control of the commission by the town.

Pat Stone of the finance committee also expressed concern about not having the option of a district-wide meeting. She suggested asking State Rep. Timothy Whelan, who has been involved with the process, about including that in the legislation. Plath also favored putting the district-wide meeting in the legislation now.

Giorgio said it was the first time he had heard about the district meeting idea. “If there is a groundswell for a district meeting, it is a little premature to talk about it tonight,” he said since the other towns have not weighed in on the issue.

He said the three select boards have to come to a consensus on how they will operate, so he suggested Dennis selectmen engage the other towns on the issue.

McMahon agreed that it would be cumbersome to get a districtwide vote on every issue but some fail-safe mechanism in the agreement might be a better option.

Selectman Chairman Paul McCormick, who has been on the partnership subcommittee, said the members had no problems with the legislation. “To move forward on this is a really good thing,” he said.

The selectmen finally said they would like more time to consider the legislation and McCormick said they could reach out to the Harwich and Yarmouth selectmen on the proposal.